
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2357]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2357. Furnishing of services and commodities


(a) Advance-of-funds or reimbursement basis

    Whenever the President determines it to be consistent with and in 
furtherance of the purposes of subchapter I of this chapter and within 
the limitations of this chapter, any agency of the United States 
Government is authorized to furnish services and commodities on an 
advance-of-funds or reimbursement basis to friendly countries, 
international organizations, the American Red Cross, and voluntary 
nonprofit relief agencies registered with and approved by the Agency for 
International Development (including foreign voluntary nonprofit relief 
agencies so registered and approved when no United States voluntary 
nonprofit relief agency is available). Such advances or reimbursements 
may be credited to the currently applicable appropriation, account, or 
fund of the agency concerned and shall be available for the purposes for 
which such appropriation, account, or fund is authorized to be used, 
under the following circumstances:
        (1) Advances or reimbursements which are received under this 
    section within one hundred and eighty days after the close of the 
    fiscal year in which such services and commodities are delivered.
        (2) Advances or reimbursements received pursuant to agreements 
    executed under this section in which reimbursement will not be 
    completed within one hundred and eighty days after the close of the 
    fiscal year in which such services and commodities are delivered: 
    Provided, That such agreements require the payment of interest at 
    the current rate established pursuant to section 635(b)(1)(B) of 
    title 12, and repayment of such principal and interest does not 
    exceed a period of three years from the date of signing of the 
    agreement to provide the service: Provided further, That funds 
    available for this paragraph in any fiscal year shall not exceed 
    $1,000,000 of the total funds authorized for use in such fiscal year 
    by part I of subchapter I of this chapter, and shall be available 
    only to the extent provided in appropriation Acts. Interest shall 
    accrue as of the date of disbursement to the agency or organization 
    providing such services.

(b) Agency contracts with individuals to perform services

    When any agency of the United States Government provides services on 
an advance-of-funds or reimbursable basis under this section, such 
agency may contract with individuals for personal service abroad or in 
the United States to perform such services or to replace officers or 
employees of the United States Government who are assigned by the agency 
to provide such services. Such individuals shall not be regarded as 
employees of the United States Government for the purpose of any law 
administered by the Director of the Office of Personnel Management.

(c) Excess property

    (1) Except as provided in subsection (d) of this section, no 
Government-owned excess property shall be made available under this 
section, section 2358 of this title, or otherwise in furtherance of the 
purposes of subchapter I of this chapter, unless, before the shipment of 
such property for use in a specified country (or transfer, if the 
property is already in such country), the agency administering such 
subchapter I has approved such shipment (or transfer) and made a written 
determination--
        (A) that there is a need for such property in the quantity 
    requested and that such property is suitable for the purpose 
    requested;
        (B) as to the status and responsibility of the designated end-
    user and his ability effectively to use and maintain such property; 
    and
        (C) that the residual value, serviceability, and appearance of 
    such property would not reflect unfavorably on the image of the 
    United States and would justify the costs of packing, crating, 
    handling, transportation, and other accessorial costs, and that the 
    residual value at least equals the total of these costs.

    (2) For purposes of transferring property described in this 
subsection in furtherance of the provisions of part VIII of subchapter I 
of this chapter, the phrase ``the agency administering such subchapter 
I'' shall be considered to refer to the Department of State.

(d) Transfer of Government-owned excess property to enhance 
        environmental protection in foreign countries

    The Secretary of State, acting through the Assistant Secretary of 
State for Oceans and International Environmental and Scientific Affairs, 
is authorized to transfer to any friendly country, international 
organization, the American Red Cross, or other voluntary nonprofit 
relief agency described in subsection (a) of this section, Government-
owned excess property made available under this section or section 2358 
of this title in order to support activities carried out under 
subchapter I of this chapter which are designed to enhance environmental 
protection in foreign countries if the Secretary of State makes a 
written determination--
        (1) that there is a need for such property in the quantity 
    requested and that such property is suitable for the purpose 
    requested;
        (2) as to the status and responsibility of the designated end-
    user and his ability effectively to use and maintain such property; 
    and
        (3) that the residual value, serviceability, and appearance of 
    such property would not reflect unfavorably on the image of the 
    United States and would justify the costs of packing, crating, 
    handling, transportation, and other accessorial costs, and that the 
    residual value at least equals the total of these costs.

(Pub. L. 87-195, pt. III, Sec. 607, Sept. 4, 1961, 75 Stat. 441; Pub. L. 
90-554, pt. III, Sec. 301(b), Oct. 8, 1968, 82 Stat. 963; Pub. L. 94-
161, title III, Sec. 315, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, 
title I, Sec. 122(a), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-424, title 
V, Sec. 503, Oct. 6, 1978, 92 Stat. 959; 1978 Reorg. Plan No. 2, 
Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96-
53, title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 99-93, title 
I, Sec. 129, Aug. 16, 1985, 99 Stat. 419.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
                                   II

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.


           References to Part I Deemed To Include Section 2293

    References to part I of subchapter I of this chapter are deemed to 
include a reference to section 2293 of this title. See section 
2293(d)(1) of this title.


                               Amendments

    1985--Subsec. (c)(1). Pub. L. 99-93, Sec. 129(1)(A), (B), designated 
existing provisions of subsec. (c) as par. (1), redesignated existing 
pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and 
in introductory provisions of par. (1) as so designated substituted 
``Except as provided in subsection (d) of this section, no'' for ``No''.
    Subsec. (c)(2). Pub. L. 99-93, Sec. 129(1)(C), added par. (2).
    Subsec. (d). Pub. L. 99-93, Sec. 129(2), added subsec. (d).
    1979--Subsec. (a). Pub. L. 96-53 substituted ``Agency for 
International Development'' for ``Advisory Committee on Voluntary 
Foreign Aid''.
    1978--Subsecs. (b), (c). Pub. L. 95-424 added subsec. (b) and 
redesignated former subsec. (b) as (c).
    1977--Subsec. (a). Pub. L. 95-88 inserted ``(including foreign 
voluntary nonprofit relief agencies so registered and approved when no 
United States voluntary nonprofit relief agency is available)'' after 
``and voluntary nonprofit relief agencies registered with and approved 
by the Advisory Committee on Voluntary Foreign Aid'' in provisions 
preceding par. (1).
    1975--Subsec. (a). Pub. L. 94-161 substituted ``currently'' for 
``current'', incorporated text following ``Such advances or 
reimbursements'' in provisions designated cl. (1) and added cl. (2).
    1968--Pub. L. 90-554 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.


                               Regulations

    Section 122(b) of Pub. L. 95-88 provided that: ``For purposes of 
implementing the amendment made by subsection (a) [amending this 
section], the President shall issue regulations governing registration 
with and approval by the Advisory Committee on Voluntary Foreign Aid of 
foreign voluntary nonprofit agencies.''

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``Civil Service Commission'' in subsec. (b) pursuant to Reorg. Plan No. 
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 
1101 of Title 5, Government Organization and Employees, which 
transferred all functions vested by statute in the United States Civil 
Service Commission to the Director of the Office of Personnel Management 
(except as otherwise specified), effective Jan. 1, 1979, as provided by 
section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set 
out under section 1101 of Title 5.

                     Authority of Secretary of State

    Except as otherwise provided, Secretary of State to have and 
exercise any authority vested by law in any official or office of 
Department of State and references to such officials or offices deemed 
to refer to Secretary of State or Department of State, as appropriate, 
see section 2651a of this title and section 161(d) of Pub. L. 103-236, 
set out as a note under section 2651a of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.

                         Delegation of Authority

    Memorandum of President of the United States, Feb. 16, 1995, 60 F.R. 
10793, provided:
    Memorandum for the Secretary of State [and] the Administrator of the 
Agency for International Development
    By virtue of the authority vested in me by the Constitution and laws 
of the United States of America, including section 301 of title 3 of the 
United States Code, I hereby delegate as follows certain authorities 
vested in the President:
    (A) the functions under section 607 of the Foreign Assistance Act of 
1961, as amended (FAA) [22 U.S.C. 2357], to the Secretary of State and 
to the Administrator of the Agency for International Development, 
respectively, for matters within their respective areas of 
responsibility; and
    (B) the functions in the first proviso under the heading 
``Population, Development Assistance,'' contained in title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1995 (Public Law 103-306) [108 Stat. 1611], and in 
comparable provisions in successor legislation, to the Secretary of 
State relating to those organizations and programs for which the 
Secretary of State has funding responsibility.
    The delegations of authority described in subparagraph (A) are in 
addition to other delegations of such authority to the International 
Development Cooperation Agency.
    The delegation of authority described above in subparagraph (B) 
shall be exercised in lieu of the delegation of the comparable authority 
to the Administrator of the Agency for International Development by 
section 1-102(a)(7) of Executive Order No. 12163, as amended [22 U.S.C. 
2381 note].
    Any reference in this memorandum to any Act, order, determination, 
or delegation of authority shall be deemed to be a reference to such 
Act, order, determination, or delegation of authority as amended from 
time to time.
    The functions delegated by this memorandum may be redelegated within 
the Department of State or the Agency for International Development, as 
appropriate.
    The Secretary of State is authorized and directed to publish this 
memorandum in the Federal Register.
                                                     William J. Clinton.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 287e-2, 2358, 2395 of this 
title; title 40 section 512.
